Q: I’ve watched two friends lose capacity and end up in a real pickle because they had not made any provision for something happening that left them unable to look after themselves or their affairs. To avoid being in a similar situation myself, six years ago I set up a Lasting Power of Attorney with my daughter named as Attorney. However, my daughter now lives with a controlling man whose eyes grow large whenever he sees my very substantial house and I am worried he might persuade my daughter to act in his best interests rather than mine. Can I change the LPA if it has been registered?
A: Whilst you cannot change the existing LPA you have registered, provided you still have mental capacity you can cancel it at any time by writing a ‘Deed of Revocation’. You can find information about this at www.gov.uk/publications/making-a-lasting-power-of-attorney - though most people prefer to seek help from a solicitor when drawing up and administering such important documents.
The Deed of Revocation should be a statement which includes: (a) the type of LPA you want to cancel, i.e. for making financial decisions, for making care decisions, or for both; (b) the date you signed it; (c) name(s) and address(es) of your Attorneys. You must state that you wish to revoke the registered LPA and the authority granted by it. End by signing and dating the deed, which should be witnessed by someone who must also sign it and print their full name and address. Your daughter, as current Attorney, does not need to sign anything.
When you have completed the Deed of Revocation, send it to the Office of the Public Guardian (OPG), with the original registered LPA document. You can then appoint a new attorney by way of a fresh LPA which would again need to be registered with the OPG.